YOU WERE LOOKING FOR: Sample Criminal Law Exam Answers
Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning...
Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. Doris ignored it. You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of...
The party served normally has 30 days to respond. Failure to timely respond results in the matter being deemed admitted. Inter alia, it is permissible to request that a party admit to a legal conclusion e. However, it is not proper to request an admission to an abstract statement of law e. Res Judicata — Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings policy! Claim preclusion — Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit.
Venue — Refers to the proper place for trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and defend policy! Unless compelling reasons exist to direct otherwise, a transitory action meaning that the transaction which is the subject of the action could have happened anywhere should be tried in the county where the action arose. However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. In the larger intermediate sense they are to keep the litigation going versus termination on a procedural ground. Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to all six, from this point on I shall work on each question to completion before going on to the next.
Cull facts and course outline for relevant premises. See definition of Step Two and footnote, page Step Three — [Consider each premise to note missing elements or real issues. It is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal. No reason apparent not to proceed in the chronology given. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by them.
Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party e. Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about dinner and a hot tub seems merely casual. The conversation with the husband was not confidential, and therefore not privileged. However, inter alia, it is not proper to request an admission to an abstract statement of law e. The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Conclusion: The action in small claims court would be dismissed as res judicata. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found.
The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of directors. They further owned thirty percent of the outstanding shares, by far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative.
Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of said venture. Meddle immediately moved to quash these actions. How should the court decide the motions under 1, 2, and 3 above? Shareholder inspection rights — Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose.
Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if 1 he has been a stockholder of record for at least six months immediately preceding the demand; or 2 he is a holder of 5 percent of any class of outstanding shares. Indemnification — Generally, a director or officer may not be indemnified reimbursed against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof.
The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. Meddle, etc. Objectives: [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimateobjectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Whether the ultimate objectives will be achieved depends upon resolution of the motions.
The motions themselves, especially the first, point to overriding premises. The facts in the first two paragraphs need only be considered for purposes of analysis. Step Three — [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response.
Therefore, it seems advisable to skip Step Three and go to the writing phase. Meddle M is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares. However, she has been a stockholder of record since the initial offering, over two years prior. Failure to first make a demand on the board Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand e. Motion No. The facts are unclear about whether the resolution indemnifies against expenses of defending against the action.
Assuming, arguendo, that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings.
Conclusion: The motion should be granted as to any portion of the resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions.
T properly executed a will in , by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X. Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to my faithful companion, Z. Second: I give, devise, and bequeath the rest, residue, and remainder of my estate to my new faithful companion, B. T died in One of the papers destroyed was the original copy of the codicil, which T had been reviewing. When an ademption occurs, the legatee takes nothing. Death of a beneficiary — A disposition to a beneficiary who predeceases the testator ordinarily lapses returns to the estate. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue.
Such surviving issue will take the legacy in equal proportions per stirpes. Execution of a will — A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication — A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. A will may further be revoked by means of its physical destruction.
Your grades Resources and References Some of the guidance provided on this resource page draws from Prof. If you have any difficulty obtaining your copy of the book, feel free to contact me Karen Drake at ads osgoode. An electronic copy of Prof. Some of the guidance provided here might seem abstract or difficult to conceptualize before you have written your first law school exam. At pages of his book, Prof. Hutchinson provides sample answers to a sample exam question, which can help to contextualize these tips. Many professors are also willing to provide a sample answer to a past exam question or to a practice question. Summaries What are some tips for making summaries? Should students divide the work of making a summary among members of a study group? Or should you make your own summaries yourself? A summary is a document that compiles, organizes, synthesizes, and summarizes the material for a course i.
It follows that it is preferable to prepare your own summary. These summaries were prepared by students and have not been vetted by professors. As such, they can contain errors and misstatements. Accordingly, summaries prepared by others are best used not for their substance, but for their organization and formatting. As Ife Kolade explains, you need not start from scratch when making your summary. Often these are doctrinal law texts which summarize the law on a given topic.
If you use a summary prepared by someone else or prepared jointly by you and others e. Unless your instructor advises otherwise, the answer you give on your exam must be expressed in your own original words. For example, unless you prepared the study materials yourself, you should not reproduce material from them verbatim, because the instructor is assuming that the work is your own work.
Study Groups Do you need to be part of a study group? What are the best ways to study together as a group when studying for law exams? Not all law students belong to a study group. It is possible to do very well in law school without being part of a study group. Different people have different learning styles. Those with a more introverted learning style might find study groups unhelpful. Others find study groups are helpful. The following are some strategies for working effectively with a study group: Establish expectations at the outset about what the study group will accomplish. This can help ensure study time is not used primarily for socializing. If necessary, set aside time for socializing to ensure study time is used effectively. Answer practice exam questions together. Answer the same practice exam question separately, and then exchange answers. Discuss the policy themes that arose in the course, and brainstorm various policy questions that might appear on the exam.
Studying for Exams What are some other tips and strategies for studying for law exams? Once you have completed your summaries, write answers to past exam questions or to practice questions if your professor provides practice questions. It is best to use past exams prepared by your professor, as different professors cover different topics within the same course. If you complete your practice answers early enough, ask your professor to provide feedback on them. If you do not complete your answer in time to get feedback from your professor or your professor is otherwise unable to provide feedback, consider exchanging your answers with members of your study group.
As Haritha Popuri explains, even if you do not have time to write answers to past exams, it can be very helpful to read over a few past exams to get a general sense of what to expect. While past exams are very useful for providing a general sense of what a law school exam will look like, Prof. Nadler explains that it is important not to make assumptions about the specific issues that will be on the exam. For example, just because a particular criminal law professor included homicide on their exams for the past four years, they will not necessarily include it for the fifth year. Do not panic if you run out of study time and are unable to do practice questions. Many students do well without answering practice questions beforehand. Learn from your mid-term. For more guidance on seeking feedback on your mid-terms, see the final bullet point under section 9 below. Take care of your general health prior to and during the exam period.
As Prof. For a discussion of wellness strategies and the connection between wellness and academic success, see the recording and the resource page for the Academic Success Session on Strategies for Success in Law School. The Zoom is available here. Answering Fact Scenario Questions What are some key differences between typical undergrad exams and fact scenario questions also often referred to as fact patterns or hypotheticals? What do these differences mean in terms of how you answer fact scenario questions?
For example, based on the advice given in his book, Prof. Hutchinson seems to give at least some marks for style, even for answers to fact scenario questions. In contrast, Prof. Nadler and I Karen Drake both indicated that when grading fact scenario answers, we give marks either mostly or exclusively for substance. If your professor does not volunteer an explanation of their expectations, ask them for guidance. As mentioned above, undergraduate exams typically reward primarily regurgitation, whereas law school exams typically require analysis and application of the relevant law to new facts. Rather, it is best understood as a general guide to various components of legal reasoning. This could be a single principle of law or it could be a legal test which comprises more than one legal principle. Rather, the law is often in flux, with different rules or outcomes from different decisions creating wiggle room in the law.
Nadler explains, sometimes a significant amount of analysis is required at this step just to navigate how the relevant legal principles interact and what they mean. Application: Apply the law to the facts in the fact scenario. Is the relevant legal principle or test satisfied on these facts? Why or why not? The answer to the first question is your Conclusion, discussed in the next bullet point. Nadler explains that this step is where the bulk of your work will occur, and it is what distinguishes various answers from each other. Conclusion: State the most likely outcome of applying the law to the relevant facts. This requires stating whether the relevant legal principle or test has been met, or in other words, satisfied. Often, especially in law school exams, there is no one definitive or correct answer.
Thus, Prof. Hutchinson advises against asserting conclusions dogmatically As Haritha Popuri explains, it might help to think of law school exams like high school math problems, where it is important to show your work see also Hutchinson Although different professors can have different grading schemes depending on the material, most marks often come from the legal analysis and the application of the law to the facts in the hypothetical scenario. As Ife Kolade explains, it is not necessary to answer the questions in the order they are presented in the exam. You might find it helpful to answer the questions you are most comfortable with first. The panelists also talked about looking for the big picture structure in each course, and using that to create an analytic pathway or framework to follow when answering fact pattern questions. Note that not all courses will have an overarching analytic framework. For example, Prof. Nadler explains that most aspects of property law can be better conceptualized as a collection of discrete issues.
A common piece of advice is to spend at least some time outlining or making notes before writing your actual answer Hutchinson This strategy can help you write a more organized and comprehensive answer. That being said, unless your professor states otherwise, there are no marks for your outlines or rough notes, and so the amount of time spent making notes should not be excessive Hutchinson One of the simplest yet most effective strategies law students can employ is to comply with the time allocation for each exam question Hutchinson Often, a professor will indicate on the exam how much time should be spent on each particular question.
Even if this is not indicated, it can be deduced by the number of marks allocated to each question. What are some tips for answering policy questions? One way to prepare for policy questions is to discuss the broader themes of a course with members of a study group. Ife Kolade also recommends making a policy summary, in which you summarize the policy issues discussed in the course and anticipate some possible policy questions that might appear on the exam. However, the panelists cautioned against trying to guess the policy question, pre-writing a complete answer in response, and then reproducing this exact answer in the exam, even though a different question is asked. To get full marks, or even some marks, answers must be responsive to the actual question asked.
Use decided cases and relevant statutory provisions in support of your answer. Please advise the parties on their criminal liability, if any. Question Number Subject Page 1. If you have not already done so, take the exam and then compare your answer to this sample. If you are looking for help with your law essay then we offer a comprehensive writing service provided by fully qualified academics in your field of study Here's why , law students rely on our essay practice exams: Written by law professors. Our writers will create an original "Problem Answers on Criminal Procedure and Evidence Law" essay for you Create order However, if it is the truth that Herman was in Macau from 9th to 15th September and thus it can proof that he was not able to commit violence fight in Mongkok on 10th September, I should advise him to tell this fact with good.
The following is a sample answer to the Criminal Law Practice Exam. Criminal justice refers to the use of criminal law and criminal procedures to punish offenders and maintain order in the society. Jones stopped the car, approached the driver to issue a citation and, following standard police procedure, asked the driver for his license and registration Criminal Law Sample Answer. Strict liability read a sample chapter, or order an inspection copy if you are a lecturer,. Instructions for the essay examination appear on criminal law sample essay answers page 3.
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